2nd, 2013. i'm shepard smith. we're all back tomorrow, noon pacific, 3:00 eastern for "studio b." and back here for "the fox report" tomorrow night. the o'reilly factor is coming up. so hang on. >> bill: the o'reilly factor is on. tonight: >> in your opinion, calling somebody a reference pardon my language [bleep] punks. >> that sill will. >> it is. >> yes. >> bill: high drama in a florida courtroom as twins the jury that he purposely killed trayvon martin. megyn kelly with the latest. supreme court deciding issues along political lines rather than constitutional principles. >> bill: that was last night. this morning a new poll says most americans do not believe the supreme court is doing a good job. charles krauthammer will analyze that. >> the day i used that word was a world ago. it was 30 years ago.

>> bill: paula deen talking about using the the "n" word now her world is shattered. is that fair? john stossel will weigh in. caution, you are about to enter the no spin zone. the factor begins right now. ♪ >> bill: hi, i'm bill o'reilly. >> thanks for watching us tonight. the trayvon martin murder case and way to is important. that is the subject of this evening's talking points memo. lots of folks making fools of themselves over the case. if you are rooting for or against a conviction for george zimmerman, you are in that category. nobody not on the scene knows what happened that terrible evenings in sanford, florida. and speculate about the lives of two young americans not appropriate. all honest americans should let the justice system work. after hearing all the evidence, we are then entitled to an honest opinion, not based on race. for example, i believe o.j.

simpson murdered two people and casey anthony definitely covered up the killing of her baby daughter and most likely caused her death. i came to those conclusions after analyzing the evidence presented. and i did not use race as a factor to prematurely judge the trayvon martin case is flat out wrong. >> racial profiling has to stop. just because someone wears a hoody does not make them a hoodlum. >> congressman rush should be ashamed of that display. the family of trayvon martin seems to have struck the right chord. >> to this family, race is not a part of this process. and anybody who tries to inject race into it is wrong let's be clear about. this this family does not want race as a part of this

process and does not believe it should be a part of the process. >> bill: the american media is especially guilty of injecting race into the trial. we all know who is doing that and it's disgraceful. the importance of the case is two fold. first to see if the justice system functions in a fair manner. and, second, to see contact exactly how corrupt the press has become. george zimmerman should know his fate before the month is out and reaction to his fate will be very telling. that's the memo. now for the top story tonight, analysis of the trial so far. attorney and fox news anchor megyn kelly. i think this trial is interesting just as a trial. do you. >> yeah, fascinating. >> bill: you don't know which way it is going to go. >> right. what happened? it's part of the mystery. like what exactly happened? who threw the first punch? how did the two men get on that grass that night rolling around punching and beating one another or however you believe it came out? >> bill: that's never going to be really amplified other than speculation. >> the jury will tell it us what it thinks.

that counts for a lot. >> bill: i don't know if the jury is going to tell us about what it thinks happened that night. i think the jury is going to rule on whether there is enough evidence to convict somebody of the murder. beyond a reasonable doubt. >> they are tied. >> bill: the guy who came forward, this is the most fascinating to me. i haven't been covered it as closely as you have to do egypt and the supreme court. >> we never cover that stuff on minus show. >> bill: you are dialed into this. the guy who came forward and said that he saw part of the fight, you know that witness? >> he is the one who had the closest vantage point other than the two participants in the fight. that witness john good is the one who saw it the best. >> bill: okay. so he is the most compelling witness as far as access to the brawl, right? >> yes. >> bill: and to the murder? >> absolutely. >> bill: he didn't actually see trayvon martin get shot, did he? >> no. he heard yelling and he heard a fight and he went outside to take a look and he called 911. and he said something like knock it off. and zimmerman said "i saw some guy come outside.

i yelled help, help. he said i'm calling 911. he did call 911. the essence of his testimony was that he saw the man who was dressed as trayvon, trayvon on top beating the man who was dressed as george zimmerman on the bottom. >> bill: why rest of it. >> he went back inside to call 911. >> bill: ran back to try to get a phone. >> he hears the commotion outside and goes and looks like most of us would and says oh my goodness he goes back inside and calls calls 911. >> bill: that makes sense. i think i would have tried to break up the fight. >> that's you. you are always getting involved in things you shouldn't get involved in. >> bill: i understand. that's an interesting point of clarification. he runs back inside to get the phone to call the cops, as well he should. i'm not saying he was wrong in doing that. and then, does he hear the gunshot? >> yeah. then the gunshot. he said he heard something that sounded like a gunshot. >> bill: then he runs back out? >> i can't remember whether he ran back out at that point. but there were enough witnesses who went out and saw, you know, the scene at the time and a neighbor shot a picture of trayvon martin who was then dead on

his front lying, you know, face down. and the prosecution has used that picture of trayvon martin in this case because zimmerman claimed that after he shot trayvon martin he splayed martin's arms out the way sort of a cop would if they had you down on the ground. and the picture that the neighbor showed, trayvon's hands are still underneath him. the prosecution is going to use that to say zimmerman lied. it's one small way in which they game claim was inconsistent or say lied. he this will try to amass five, six, 10 of those to look at the jury and say you cannot believe this man. is he lying to you. why would he lie? because he did this intentionally. he had had enough of these punks. these f'ing punks he decided to take the law in his own hands. >> bill: that comment was made on a general level, not about trayvon martin but he was asked by police why he was a community watch guy or something. >> well, and it was in the context of, you know,

pursuing trayvon martin or on the night in question saying these f'ing punks they always get away with it but that's okay to say. i mean, i'm not saying it's not -- it's legally there is nothing wrong withdrawing that conclusion. they have to tie the shooting to that belief. >> bill: i understand. it's not okay to say if you are telling a jury, look, i didn't have any -- i didn't want any part of this because he certainly suspected, he was certainly looking for that the lawyers involved. the defense lawyer and the prosecutor, are they doing their jobs? is one better than the other? >> they are doing their jobs. don west, who is one of the defense attorneys got pillarried for telling a knock knock joke in his opening statement as he should have. it was in bad taste. he t. wasn't funny. he alien natalled the jury. it was a big mistake and i think he would acknowledge that mark o'mara i have to say has done a nice job as defense attorney. he has a nice demeanor. not alienating. as between the witness

cross-examining and the counsel. you would be the more likeable one. you want them with you and not against you. >> bill: all psychology for the jury. >> they don't know they are feeling it they are feeling it don't go too rough on somebody who is a soft witness. he is doing a nice job of that the prosecution in terms of demeanor and approach to the witnesses is also doing a good job. i just don't think that the facts are very helpful to them and so where they appear to be floundering it's because the facts are not all on their side. so they are putting on this evidence that is really hurting them. >> bill: what about bringing that woman in or ho was on the other end of the phone with trayvon martin? >> they had to do that. >> bill: did her testimony help her hurt the prosecution? >> it helped them to the extent she testified that trayvon martin said what are you doing here that george zimmerman said what are you doing here she claimed in her testimony she heard trayvon say get off, get off. that's a problematic

statement because, this is the first time she offered it she has given many statements before she got to court this time. suddenly now she decides to spring on us that trayvon said get off. that's an important and material fact she never mentioned. if they believe it, it's good for the prosecution. >> bill: so when the police interviewed her about the murder or the killing, whatever you want to describe it as, the death, she didn't offer up that? right. >> bill: it just came in now. >> right. >> bill: do you believe this woman has credibility on the stand. >> i believe she has credibility on the first couple of statements. >> bill: then it just went. >> trayvon looked at zimmerman why are you following me for that's a quote and zimmerman looked back at him and said either what are you talking about or what are you doing here? she said that repeatedly in every interview she has given. to me, that's credible. i don't think that advances the case very much. but if the jury believes that "get off, get off." that's bad for zimmerman. it suggests he was the one going after trayvon. >> bill: this wraps up mid july, you think?

>> i don't know. it depends on what the defense decides to do. i think they might put on a little bit of a defense case. >> bill: do you think he is going to testify? >> i don't. no way. >> bill: judge alex doesn't think he will. >> it would be insanity to put him on now. the prosecution has been putting on all of zimmerman's prior statements including his whole interview with hannity which is -- there is no cross-examination. zimmerman. >> bill: that helps zimmerman. >> it's fantastic for zimmerman. he gets to tell his story and no lawyer. >> bill: the prosecution put that on. >> yes. >> bill: they must have a reason though. >> they do. there was a comment in the hannity interview in which zimmerman said among other things this is all god's plan. if i had to do over again, i wouldn't. it was god's plan. the mother of a dead 17-year-old in the courtroom, you know, taken aback and maybe he alienated the jury with that but there was so many things in that testimony with hannity that were good for zimmerman. >> bill: i would expect that the prosecution is going to use a little bit of that and then spring something else. all right. now, we're going to hold ms. megyn over because we

have two more stories. a wobbling supreme court, a city in nebraska banning illegal aliens from renting room. did you see trayvon martin t-shirt at the awards? ♪ when you experience something great, you want to share it.

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while we make room for our latest innovations, save $500 to $800 on the closeout of our memory foam and iseries bed sets. plus, special financing-for one week only! only at the sleep number store. sleep number. comfort individualized. >> bill: here now is miss megyn you accurately predicted what the supreme court would do about the vote against gay marriage in california. >> really? i think they are going to dodge it on procedural grounds. they have a couple of ways to get out of deciding it on the merits by saying a, you didn't have standing. you people who are challenging the lower court ruling in favor of gay marriage you don't have standing to bring this case. or, b, you know, we never should have taken this case. >> bill: they are going to dodge. that's going to cause a lot of problems. >> i think they are going to dodge. >> bill: incredibly you were right. amazingly you hit it? >> even the broken clock. >> bill: that's a loophole they found though. it's not really -- they

invalidated a vote legally taken. the absurdity the right you don't have a right to challenge who wouldn't challenge if the state wouldn't uphold the vote. >> that's that is absurdity. >> you are absolutely right. >> bill: say it again. >> absolutely right. >> bill: did you hear that everyone? >> shoutout on my correctness. leaves it in the hands of the state executive the ultimate decision. >> bill: to enforce a law or not. >> so anybody who voted for traditional marriage doesn't have any right to petition that their vote be upheld. >> you better vote for traditional marriage. better be sure jerry brown is the right attorney general because they have a veto right. >> it pains me to say this because i love this country but the supreme court is a political organization no longer looking out for the folks of the cob substitution. in my humble opinion. >> bill: all right. let's go to. there they are. good. let's go to nebraska. fremont, nebraska, a little town. and they voted folks at

fremont look we don't want illegal aliens having the right to rent rooms. you have to produce evidence that you are an american citizen to live in fremont. that has been upheld by a federal court. >> that's right by the eighth circuit court of appeals which is above the federal trial court level. basically one level down from the u.s. supreme court. it's a major ruling. what the court said was, look, this is not an interference with the feds' ability to regulate immigration which is what the aclu was arguing. they said you can't have these local ordinances saying you can't rent apartments if you are illegal alien. >> bill: only the feds can adjudicate illegal aliens. >> going to discourage illegal aliens from being in fremont. effectively lead to them leaving fremont. that's a decision up to the feds not to fremont. >> bill: so absurd. this three judge panel which is split said the aclu is wrong. >> bill: they ruled that fremont voters have a right to have a law that says you have to prove you are an american citizen. >> it's not discriminatory. >> bill: i guarantee you the aclu appeals it it up. the supreme court will do

exactly the same thing. they will find a loophole, all right, to nullify the vote. >> well, they might. >> bill: they will. >> something similar in the arizona immigration case. >> bill: right. wait, wait, wait. the fact that you can predict how the supreme court is going to rule or make educated guess doesn't mean they are a political body. >> bill: no, no, no. >> means ideological bent. >> bill: wait a minute. i'm going to ask this to krauthammer who is coming up behind miss megyn. have you covered the supreme court. >> yeah. >> bill: i have always had the utmost respect for the supreme court except the dred scott and slave things. i didn't like roe v. wade loophole. right now, aren't you kind of worried that the nation's fail safe which is what the supreme court is keeps control over the congress and the president is now gone away from that and is into politics? and finding a way to

justify their political beliefs? >> i don't believe they are into politics. >> roberts did it with obama care. >> you and i have been arguing over this for years. what roberts did with obama care was wrong. what he said when he was getting confirmed. >> he found a way. >> let me finish my point. i'm either going to call balls or strikes on the umpire. what he did unlike the other 8 justices on the court was he saw a ball and called a strike. that's not what we put them on the high court to do. >> bill: there is what i mean. >> reputation of the court that's not what he is there for. the other judges -- >> bill: can i just say why you are desperately wrong. >> their ideology. it's not the same to say it's political. >> bill: not all the way down the line. it's just that they come up with a political belief and try to find a law to support it. >> i didn't believe in that. one side believes in a living breathing constitution and other side is not. leads to a a-4 decision. >> bill: roberts is much smarter than you are giving him credit for. he didn't call the strike a ball. he knew it was a ball he

wanted to pass obama care. john roberts as an american wanted to pass this law and wanted to do it? >> i don't know how conservative that guy is. >> bill: not all things. >> i covered his confirmation hearings wall to wall. i read everything the guy ever read. he is a conservative man. but, that is irrelevant. he can go out on the supreme court whether conservative or liberal. he is supposed to vote according to his conscience. and what he reportedly did was vote with the throicials uphold obama care because he wanted to protect the reputation and integrity of the high court. that's not his job. >> bill: that's right. that's not his job. >> that's why i said the liberals saw a ball and called a strike. the conservatives saw a ball and called a ball. he did the opposite. >> bill: you and i are agreeing about roberts. he wasn't looking out for the constitution. was looking out for his interest which is protecting the supreme court. >> which is not what we are putting them do.

>> bill: kelly leaves on maternity leave until 2000 2018. tear fairly long. >> this is it this is the third baby. i think we are done. >> bill: when are you coming back though? >> in the fall. i won't be gone quite as long this time. but i do before i go because i take. >> bill: you don't know the gender of the baby. >> we have a boy and a girl we led it to the heavens. before i go, just because i'm sick of you complaining, that little dinner, i owe you. i don't want you to think i welched on my bet and i love zone bars. this one is cinnamon. really good. >> bill: this is my dinner. >> there you go. >> bill: this is my dinner? >> like 220 calories. >> bill: this is it? that's dinner? >> you know, i think it might even be gluten free. you are all about the non-gluten stuff now. >> bill: all right. >> enjoy. >> bill: i will saver every mouthful.

take a being a lot. went see her until the fall. charles krauthammer on the supreme court. new poll says the majority of americans don't like the job it's doing. then stossel on paula deen. her career has blown up because of the n word. we are coming right back. [ female announcer ] it's simple physics... a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning.

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>> bill: impact segment tonight. new rasmussen poll released this morning just 8% of americans believe the supreme court is doing excellent job. 20% think it's doing a good job. but 69% of americans do not think the highest court in the land is doing a good job. that's a huge drop in support. as you may know, i criticized the courts for loophole rulings and for being a political body. joining us from washington fox news political analyst charles krauthammer. do you agree with me on this? >> well, looking at the poll, the key fact about

the poll that you neglected to mention is the date it was taken. was taken the day after and the day after that of the major rulings of the court. now, whenever the court rules on something really large like the voting rights act or gay marriage. you know it's going to alienate and anger a large part of the population i think that is a temporary phenomenon you expect that at the end of june every year. i think generally speaking if you ask the same people six months, nine months hence, i think people will show there will be a lot different result. >> bill: maybe. >> they have a sense of respect for it but on the morning after a ruling when you are on the losing side, you are really steamed. >> bill: this time four years ago a 20 point drop. they were making rulings four years ago. the loophole thing is what gets me. as i said i have respect for the supreme court. kelly was a little sceptic call of my statement that throughout history i think they have done the right

thing most of time with exception of the slave years, roe v. wade, things like that. now, looking for loopholes to justify positions no matter what the positions are, that's not what they should be doing, but that's what they're doing, charles. they did it in obama care, they did it in nullifying the vote in prop 8 or am i wrong? >> look, one man's loophole is another man's rationale. i think what they did on prop 8 is simply they wanted to punt. it's not a loophole. it's you can say that there is no standing and, therefore, you say we don't want to rule on this right now. the reason is they wanted to concentrate on the other gay marriage issue. the defense of marriage act. they made a radical ruling. they ended up saying what looks like a ruling where the states will decide themselves but, in fact, the rationale that justice kennedy used was that if you discriminate against gay couples vs. straight couples in a state where

gay marriage is legal, meaning you deny one the federal benefits and you grant it to the others, you have done something unconstitutional. >> bill: i understand that ruling. >> that for them, once you rule that you have to go all the way anded in the end say no state can outlaw gay marriage. i assure you on the next gay marriage case in the supreme court they will nationalize gay marriage. >> bill: it s. that what the constitution compels them to do? >> there is no such thing as compulsion. you have a constitution. it's not clear how it applies 235 years after its written. there are a lot of things they could -- that's why you have a supreme court. if they were obvious interpretations of everything in the document, you wouldn't need a supreme court. all you would need is an english professor who would explain the language.

and there are two ideologies or philosophies. liberals think it ought to reflect the more rays of the modern age and conservatives think it ought to entrench you in the ideas and values at the time of the writing of the constitution. they are both honest views. i happen to adhere to the second. but none the less, that's what you are seeing. i don't think it's illegitimate. i don't think it's hypocritical. >> bill: you don't think it's a loophole when roberts says hey, the punishing aspect of obama care is a tax when nobody was even talking about a tax? come on. what i said was generally speaking and would apply to all the rulings we had last week. the voting rights act which is a radical ruling the doma decision a radical. i wrote it at the time -- roberts had to it look for

rationale or loophole if you like because he did not want to be seen as overturning a law that was discussed and debated for a year. s passed the house, passed the senate, signed by the president. i think he feels the damage done by the gore bush decision in the year 2000 was such that he didn't want the court to expose itself. i thought that was a mistake. i thought it was wrong. and i think it is an exception to the general rule that the justices are going according to philosophy. so i fault him on that. and if you want to use the word loophole. >> bill: it is a loophole. they found a loophole in california to nullify a certainly legal vote. that's the way the people of california wanted their state to be run and they found it. they found -- >> in fact, i think it's perfectly legitimate to say that there was no standing. it's not the court's fault that the government of that state refused to defend the

law. >> bill: then you don't have the power of the people. what's basically happening and i have got to run, is that the power of the vote and the people, all right, to regulate what kind of a society they want in their state is now evaporating because we have got people who say, you know what? this is the way i want it and i'm going to impose it and i will find a way to do it. wrong. charles, i have got to go. >> it's a vast overreading of a very idiosyncratic supreme court decision. >> bill: now you are using big words, charles and you are confusing me. celebrity chef paula deen has taken a massive career hit because she used the "n" word and did other racially insensitive things. john stossel has so osome thoughts. john stossel was on whether jamie foxx was incentive for wearing a trayvon martin t-shirt at an awards. those reports. the boys used double miles from their capital one venture card

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>> bill: stossel matter segment tongted. chef paula deen's career is over at least for now. the 66-year-old deen has been found racially insensitive in using the "n" word. >> the day i used that word it was a world ago. it was 30 years ago. i had had a gun put to my head. a shaking gun. because the man that had the gun to my head, unbeknowing to me, was my customer at the main office. >> didn't you also admit you used the word on other occasions. >> no, no. >> bill: other than that one time in the bank robbery you have never used the. >> situation fox business anchor john stossel. what do you think? >> i don't know how often she has used. i don't know how often she has used it:

>> book drops her. >> bill: walk through. this number one we invited paula deen to come on the program, okay? i'm confused about what exactly other than using the "n" word and she says it was only on one occasion when she was emotionally distraught there are other allegations that shea ran businesses in racially insensitive manner. they are just allegations they haven't been proven. >> people sue over everything. >> bill: paula deen says no to the factor. won't come on to hash it out. that tells me she doesn't know what she is doing number one. the hearing she could get hear is quite different than the one she is going to get on "the today show." that's with all due respect. i'm not criticizing matt lauer of "the today show." here it's going to be expansive conversation. all the department stores dropped out of her. her chef deal as you mentioned. >> food network. qvc, k-mart, walgreen's, taliban. >> tsunami of indignation has come over paula deen

for the only thing we know on the record is one time using the "n" word. it doesn't make any sense. does it? >> it is odd o. you would think she would be a republican and yet she even campaigned for president obama at one point. but, there was also this claim that she proposed a wedding for her brother with an all-black staff. gone with the wind theme. >> again, all of these are allegations that are not proved allegations. >> true. >> and come up in these sleazy lawsuits. >> you can't be convicting people even if you are in the market, all right. unless there is some kind of credible evidence. but ms. dean makes two mistakes. number one she goes on the web site and apologizes for a day and a half. what are you apologizing for, specifically? if it's just one use of the "n" word, why do you need a day and a half to do it? number two, why aren't you out making your case to the american people?

because that's what this is all about, this is all commerce. why are you hiding because your career is over. you used a phrase that talibanesque reaction to paula deen. do you really believe that. >>? many ways this is good. this is why we don't always need laws to stop bad things. the social sanction of shaming people who say wrong thing and say i'm going to not do business with you is good. >> one n word in 30 years if that's true. >> weirdly extreme. alec baldwin is another good example who unleashed this gay. >> bill: all right. there is a difference between. >> little queen. >> bill: that's not the same something acted emotionally. i don't ever remember in my life saying the "n" word. >> we were raised in the north. >> bill: okay. but if i had done it 30 years ago, would i be justified in taking everything that i have worked for away from me? and the answer is no, no

human being should be put in that position. but that's where paula deen finds herself i will give you the last word. >> i don't think she is going to have everything taken away from her. >> she already has. exposure, restaurants, gone. >> she will come back part way. >> maybe. but she is 66 years old. does she deserve what she is getting? >> no. it seems extreme. i agree. but the mob is so concerned about being politically correct. >> bill: there is no doubt about it but ms. deen should have been more aggressive in confronting everything that she did. because i still don't know what she did. stossel thank you very much. when we come right back, actor jamie foxx wears trayvon martin t-shirt at the mtv awards. those reports after these messages.

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>> bill: thanks for staying with us, i'm bill o'reilly. in the unresolved problem segment tonight, racism on display. actor jamie foxx wore a travon martin t-shirt at the black entertainment awards a couple weeks ago. of course jamie foxx has no idea what happened on the night mr. martin was killed in florida. never the less, he is extending his support in a very public way. now, the key question is this: if a white actor had worn a george zimmerman t-shirt would that have been acceptable. here now monica crowley and alan colmes. colmes, on the spot. >> probably would not have been acceptable. and it probably is a double standard and there is a double standard i think because of disparity in this country between the perception that there is a white power structure. blacks are the minority and i do believe we view things a little differently based on who really runs things in the united states. >> bill: i don't want to put words in your mouth. but it's okay for jamie foxx. is it okay by the way in

your opinion for jamie foxx to wear that. >> i think it's okay for anybody to wear anything they want to wear. >> bill: it's okay okay for jamie foxx to wear a t-shirt. >> yeah. >> bill: sending a message that he supports trayvon martin when he doesn't know what happened. >> i don't think any of us know exactly what happened unless we were there. you have free speech rights. >> that includes jamie foxx. >> you have the free speech right to do whatever you want and state an opinion. >> bill: that's not what we are talking about here. so, to you, this is okay. but if a white actor went up with zimmerman on the t-shirt, that would not be okay to you? >> i would think people. >> bill: to you. >> i would view it differently. i would view it differently because of the way the perception we have in this country we have a white power structure. >> bill: white power structure. >> blacks still in a minority in this country. >> do you know we have a black president and black -- -- >> -- wait,. >> that doesn't mean we have equality in this country. that's why there are a perceptual difference. >> bill: fine. would you view it

differently? jamie foxx. >> yeah. >> didn't say word? >> not a peep for jamie foxx, right. but if he a white actor went out with a t-shirt like you said with zimmerman's face on it or a quote that says i believe george, his or her career would be destroyed. it would be destroyed on the spot because they would say that person is a racist. that person is siding with the white hispanic defendant. >> bill: jamie foxx is not racist. >> that's the perception i agree with you. double standard unfair and grotesque but that's where we are. >> bill: colmes says the double standard is acceptable to him because of the historical wrongs put upon the african-american community by the white power structure. any validity to that? >> it is not right that we have this double standard in this country because by his logic okay under the first amendment. >> bill: him referring to colmes your brother-in-law. >> alan. >> bad colmes, by his logic under this first amendment jamie foxx can go out and put out whatever message

wants. by same logic if a white wear a george zimmerman t-shirt should have the same right to do it without jamie foxx being judged. that's not where we are in america today. >> we can assume colmes if a white actor did that he would get a paula deen. everybody whole career would blow up. >> and i think -- what happened to paula deen. >> bill: your sister-in-law says and i'm personalizing this tonight because it's a very interesting argument that that is morally wrong? would you say morally wrong the double standard? morally wrong? >> i think it is grotesque and morally wrong. >> okay. >> she says it's morally wrong for you, colmes, to support the double standard. >> no. what's morally wrong is that we have a society with this imbalance. the only way to solve the problem is to correct that imbalance. >> by wearing a t-shirt. >> ambulance by having a true equality in this country. >> but you don't have true equality. i'm saying only will when we have that will there not be this double standard.

>> as long as we don't have anywhere vanna, a perfect state of equality, then the minority that was persecuted in the past can do all kinds of things that the majority can't do. >> still being persecuted. there still is a problem in america. it's not just historical. it's not. >> that means they can do a lot more than the other people did. >> the perception is different depending on who is wearing what t-shirt. >> if you want to achieve the equality that you are talking about, you have got to erase these double standards. but they exist all over the place, bill. this is reality because part of it is human nature. you look at mel gibson, he gave this drunken rant with anti-semitic slurs in there. his career is destroyed. you mentioned paula deen, you talked to stossel about that. alec baldwin gets a pass because is he a white liberal. jamie foxx gets a pass because is he a black liberal. it should not be this way. justice is supposed to be blind in america, right? it is not. >> bill: social justice is supposed to be blind. >> social justice is never blind and that's part of the problem. >> bill: should it be blind.

>> of course it should be blind. >> bill: you are rejecting colmes' suggestion that social injustices in the past justices. >> i totally reject it. >> reject that somehow mel gibson's career is over. happened to paula deen. i think she something unfairly treated. >> bill: do you really. >> yes. >> would you denged white celebrity if they wore auto george zimmerman t-shirt. >> they have a right to do it. >> bill: you think paula deen is getting a horrible rap. >> deen is getting a horrible rap here. >> bill: you thought you said a pronoun here. i'm confused but that's all right. in a moment 19 arizona firefighters dead after a vicious blaze envelopes them. we will have the inside story for you in just a few moments. ♪

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>> bill: back of the book segment tonight. one of the worst fires in arizona history has burned about 18 jerry square miles. forced the evacuation of hundreds of people. 500 firefighters still on the scene. in addition, 19 elite fires have been killed in the blaze leaving behind broken-hearted families. >> i want people to know that in our time of mourning we want people to know that they were heros. they are heros, they were heros in our homes. they are heros in our community. that they are heros to the people that they helped there. our kids remember them as heros as well. >> bill: joining us now from press scott, arizona, angela a reporter for fox 10 in phoenix. let's walk through this, andrew. 20 elite firefighters. they drop into this blaze in northern arizona. thei basically prevent the fire from spreading. you can't put it out but you can using all kinds of techniques prevent it from spreading by digging

trench, clearing underbrush, this, and that. okay. now, they go in and they're in communications with a command center, okay? >> when they get in trouble, what happens? >> well, from what we have been able to gather, bill, is when this happened when the weather changed so dramatically and the fire doubled back on them they radioed in to the division chief that's a pretty standard protocol. it's typical in a situation where there is open radio communication line where lots of other agencies that are all working together can hear them. they radioed in that they were trying to get to a safe zone and then the next thing they said was that we have to deploy our emergency heat shelters. that is the worse case scenario. they knew immediately the folks who were not in the fire knew immediately once they said they were using their emergency shelters that this was going to be bad. so that was the last thing that they heard from that group. >> bill: what are emergency heat shelters? >> so all these firefighters, when they're

out working a wild land fire, they carry around these packs with them. and inside is kind of like a foil blanket. that's really the best way to describe it when things get really bad, when the fire is starting to kind of come over them, they get underneath these get underneat shelters. they almost look like big sleeping bags, it's designed to protect them from the fire. they're covered in foil, and they reflect the heat. the idea is that they're able to with stand a lot of heat for a short amount of time. they are not designed for a lot of heat over a long period of time. and that appears to be what happened here with that. >> they went in to fight this fire, believing that the wind was at their back. blowing the fire away from them? but then as you said, there was a sudden shift in the wind. won the they have known throughout communications with the command center that had happened and got out thereof immediately? >> that's one of the big questions that the investigation is going to have to answer. there was a meteorologist there that was supposed to be watching

the weather. and what we're told by the prescott fire department here, is that it was totally unexpected. what happened out there, nobody could predict. that's what he tells us. and that this fire turned around, they were caught up in it so fast, and it was so hot and so deadly, there was no way these guys could escape. >> they also had gps's on them, right? so that everybody knew where they were? >> that's right. >> why didn't they have the planes come in and drop the water and drop the fire retardants to try to save them? >> all those questions are being asked, and the answers that we're receiving here is that this fire was so intense that they couldn't just run in and get everybody out. there was really no way to get to them. they were in such a precarious position. in terms of helicopters coming in and dropping water on them, sounds like it could be a great idea, what we're told is that it's not always the safest thing to do. if the fire wasn't hurting these guys, it's possible that

dropping water on them could have done just as great damage. we're talking waterfalling out of a helicopter from 500 feet in the air. you can imagine the kind of damage it will do. >> last question, 30 seconds. was there any last communications from the guys to the command center? did they say anything before they were enveloped? >> that is something that we don't know at this point. all we know is that the crew that died radioed in and said we are deploying our emergency shelters. what they responded back, we don't know. i can only just imagine that it's, we're going to come get you, which didn't turn out so well. >> andrew, we appreciate it very much. and our prayers go out to the families of those brave men. it's awful. on deck, a tip of the day, and an amazing amount of generosity toward wounded warriors in iraq and afghanistan. the tip moments away.

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the tip of the day, our campaign against high-tech wheelchairs for folks who lost limbs in iraq and afghanistan. that in a moment. everything marked down big time. mugs, shirts, hats, you name it. you're going to have to give gifts throughout the year. you are going to love this stuff. all the proceeds i get at billo'reilly.com go to charity. you were spot on saying the supreme court is using loopholes rather than relying on the constitution. then moments later you are unaware that the proposed immigration law is full of loopholes. first humes spoke far more than i did, you're equating legislation with a supreme court ruling. they're not even close. the loopholes you see will be closed

closed, or the immigration bill won't pass. your talking points on the danger of a politicized supreme court was honest, core ageous, and exactly right. >> you should know that the deceitful left wing websites described the talking points as being anti-gay. incredibly dishonest. bill, you're use iing juan as a personal punching bag is nauseating. how come every time mary katherine tries to move the discord to the audience intellectual level, you force her to take it back down to yours? >> i don't understand the question, kathy? bill, ditch waters world, it's stupid. gene shallor, watters is the best part of "the factor." giving watters more credit would

be a huge mistake, jean. joe from roseville, california. bill, i completely agree with your tip to ireland. we have posted pictures of my irish trip on billo'reilly.com. jeff shultz portland, orlando just wroread keep it pithy. it's an amazing success. thanks to folks like you, jeff. with killing kennedy. kennedy's last days, killing lincoln and keep it pithy, we have four bestsellers simultaneously. finally tonight, the factor tip of the day, more proof that the factor audience is the best in the world. listen to this, as you may know, 1700 american military people lost limbs or were paralyzed in iraq and afghanistan. we decided to get these brave

people super high-tech wheelchairs called track chairs. they cost about $15,000 each. we began by asking the five living presidents to sign pictures which we would offer to the highest donors. those nine pictures they signed have raised close to $2 million. we've listed the people who got the pictures on billo'reilly.com, they're patriots and we salute them. folks who want to help the wounded vets can donate $25 or more and get a replica of the picture suitable for framing. those pictures will be sent to you next week. if you want them, please go to independencefund.org, $25 or more to help the vets. so far that replica campaign has raised $2.5 million more for the vets. so now we're closing in on $5 million to buy the track chairs.

i'm going to say something bold. no other television news program in the entire world could have done this. but because factor viewers are so generous and patriotic, we will be able to get these track chairs for every vet who needs them, that's an amazing story. we're proud to highlight it on the factor tip of the day. just in time for the 4th of july. that's what we're all about here. and that is it for us tonight. please check out the fox news factor website, different from bill o'reilly.com. spout off about the fact that there's plenty to talk about tonight. name and town if you wish to opine, word of the day, do not be unctious. some people believe that i, your humble correspondent at times am unctuous. they are, of course, misguided.

again, thanks for watching. i am bill o'reilly. always remember, that the spin stops right here, we are definitely looking out for you. this is a fox news alert. tonight there are major developments in the george zimmerman murder trial. in a moment, we'll have all the highlights and the newest revelations from inside the courtroom. welcome to hannity, i'm tucker carlson sitting in tonight for sean. earlier today jurors heard testimony from george zimmerman's friend, a medical examiner and many more. the focus of the day was sean's exclusive interview with george zimmerman from last july. the interview was introduced as a piece of evidence. >> we will formally play the hannity interview on july 18th, 2012. there's a